Judge rejects Caltrans' Richardson Grove analysis

A federal judge rejected Caltrans' environmental analysis for its Richardson Grove project Wednesday, ruling the agency had failed to take "a hard look" at the impact on the old-growth redwoods bordering the highway of realigning and widening the narrow two-lane road.

Judge William Alsup cited several inaccuracies with the Caltrans project map identifying and mapping big redwood trees, including one 48.8-inch diameter tree that was missing altogether. Another redwood was described as being 84 inches in diameter, but a site visit by a local judge confirmed, it was actually 103 inches in diameter. Caltrans defines old-growth redwoods as trees 30 inches in diameter or greater.

The widening project planned to remove 54 trees, six of them redwoods of 4 to 19 inches in diameter, but also identified 68 redwoods with diameters of 30 inches or greater that would be impacted by proposed "cut-and-fill" techniques. These techniques "involve 'cutting' the soil around the roots of trees and filling it with sturdy, compact material suitable for highway foundation," according to the judge's order.

Without accurate maps identifying all trees in the construction zone and their root zones, the judge wrote, the potential damage cannot be fully understood.

"Behind the potential impact of these data inaccuracies," Alsup wrote, "hides another problem: the potential impact of cutting 'woody' roots."

Comments on the draft environmental analysis raised concerns about the impact of cutting "woody" roots of old-growth redwoods, the judge wrote, "because severing these roots can "significantly disturb the vigor of the trees."

Caltrans responded "by stating it did not intend to cut any roots larger than 2 inches," the judge wrote. "Importantly, however, Caltrans ultimately admitted in response to public comments that the project may result in cutting roots larger than 2 inches because it was not possible to determine exactly where roots may be encountered. This uncertainly is now exacerbated by the errors in the maps."

Alsup ruled the analysis of the project's impacts was "based [on] false data" and "the accumulation of data errors certainly raises 'substantial questions' about the possible significance of the project's impact on the environment. This shows Caltrans' fact-finding was arbitrary and capricious."

Judge Alsup instructed Caltrans to prepare a revised environmental analysis with "readable" accurate maps identifying each ancient redwood and its root zone and to "set forth the environmental issues to each one." The maps also must be signed by a qualified engineer; the judge noted current maps were unsigned.

"Alternatively," the judge wrote, "Caltrans may proceed directly to conducting a full [environmental impact statement]."

In either case, the judge advised: "Caltrans should give serious consideration to the other significant arguments made by plaintiffs in their motion."

The plaintiffs were a coalition of individuals and nonprofit groups, including Garberville's Environmental Protection and Information Center, the Center for Biological Diversity (a national group with a California office in San Francisco), and Eureka's Californians for Alternatives to Toxics.

According to Thursday's Eureka Times-Standard, Caltrans spokesman Scott Burger said his agency's stance was "the court only partially granted the plaintiffs' motion by denying arguments that a full environmental impact statement is required for the project." Burger also said "Caltrans intends to fully comply with the court's order and proceed as directed by the court."

Caltrans wants to widen the highway through Richardson Grove to allow larger freight trucks to pass through the park in order to lower the cost of transportation of goods imported into and exported from Humboldt County. Increased transportation costs are estimated to add 10 to 15 percent to the price of trucked goods.

Richardson Grove is about 75 miles north of Willits on Highway 101 and is where northbound travelers "first encounter significant old-growth redwood forest," says the park's website.